Testimony in the form of an opinion or inference otherwise admissible is not
objectionable
because it embraces an ultimate issue to be decided by the trier of fact.

An opinion is not objectionable just because it embraces an ultimate issue.

EXPLANATORY NOTE

Rule 704 was amended, effective_________________.

This rule is taken from Rulebased on Fed.R.Ev. 704 of
the Federal Rules of Evidence. It
should be noted that this rule applies to the opinions of lay witnesses, whenever admissible,
as well as to opinions of experts.

This rule omits language found in Fed.R.Ev. 704 (b), which bars opinion testimony in a
criminal case on whether the defendant had a "mental state or condition that constitutes an
element of the crime charged or of a defense." This rule does not bar this type of testimony.

Rule 704 was amended, effective ______________, in response to the December 1,
2011,
revision of the Federal Rules of Evidence. The language and organization of the rule were
changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules. The term "inference" was deleted to make the rule flow
better and because any "inference" is covered by the broader term "opinion." There is no
intent to change any result in any ruling on evidence admissibility.